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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16674
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Offered Deferred Prosecution Agreement

Resolved Question:

The problem is that I was charged with battery and the person assaulted me and I am afraid of that person attacking me again. I was heavily sedated, as i am disabled and I suffered a concussion, as well as other injuries. I had called 911 and reported the incident, but I was unable to give complete statement at the moment the police arrived, and I was taken into custody. Never read my miranda rights, nor given medical assistance as I repeatedly requested, and even filled out the "sick form" the written request to be seen by a medical professional while i was being held incustody.

Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

LegalKnowledge :

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem. If the person attacked you and you were the victim and called 911, why did you get charged and not them? Were there any witnesses to the incident?

Expert:  LegalKnowledge replied 1 year ago.
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Customer: replied 1 year ago.

That is the question I kept asking when they were arresting and booking me. The only witness was a very smart almost two year old girl who saw the whole thing and was crying uncontrollably as I tried to escape. I had called the mother of the young girl because she was being babysat (by my attacker) and should have been picked up already. I told her what happened and she said she would be there to pick up her daughter in the next five minutes. I then called 911. When I finally picked up a copy of the police report (apprx. 3 weeks later) I found that my attacker had made up blatant lies about me, said I attacked her, etc. and she was trying to defend herself from me! (the attacker has serious anger/rage issues, and just did the same thing to her own son less than six months ago.


 


Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. You have every legal right to fight this and take the case to trial. The burden is on the State to prove the charge against you beyond a reasonable doubt. The two year old will likely not be able to testify, so the evidence the State has and will use will likely be that of the testimony of the "victim". At the same time, you have a legal right to testify on your own behalf and to let the jury decide who to believe. If this is a case of your word against hers, there may not be enough evidence for the jury to believe the State has met their burden. Eligible defendants can avoid adjudication (a criminal conviction) and sentencing by satisfying the requirements of a deferred prosecution agreement contract with the D.A.’s Office. In return for successful completion of the deferred prosecution contract, the DA’s Office agrees to dismiss or amend the charges. If the defendant fails to meet the terms of the contract, the contract will be terminated and the case returned to court for the entry of adjudication and the imposition of sentence or prosecution.

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Customer: replied 1 year ago.

What about the responsibility of the police officers involved? When I told them what happened they did not believe me because most of my injuries were not readily visible? And why was i refused medical treatment when I requested it? What about my miranda rights, and other technicalities?

Expert:  LegalKnowledge replied 1 year ago.
The police did not witness it so they can not testify at trial as to what happened, They were after the fact. They do not always get it right and go off of the evidence before them, when they are called, when deciding who to arrest. The refusal of medical treatment is not a legal defense to get the case dismissed. If you made any admissions or statements and were questioned by the police with your Miranda rights being read, there could be a basis to suppress those statements.
Customer: replied 1 year ago.


Is that a typo--did you mean ...'without my miranda rights being read to me'?

Expert:  LegalKnowledge replied 1 year ago.
Yes, I am sorry. It was a typo.
Customer: replied 1 year ago.

Relist: Other. think there was an error in response to last issue--just need clarification please. So, if I accept the Agreement and this repeats, who should I call?

Expert:  LegalKnowledge replied 1 year ago.
If this happens again, you would need to call the police to document the incident. Then, you would want to proceed through the court and obtain a restraining/order protection order against her, so she will be removed from the home and not allowed to have any contact with you.
Customer: replied 1 year ago.


One last thing, there is a 'no contact' condition in the agreement (done at my request), but she is the one who has to provide, in writing, for it to be lifted.


Where does she submit that written document indicating that fact, and how will I be informed/notified?


 


Thank you for all your help.


 


 

Expert:  LegalKnowledge replied 1 year ago.
She would provide it to the judge and prosecutor. You would receive a copy in the mail placing you on notice. In addition, the judge may set the matter for hearing and place her under oath stating the reason she wants it lifted.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16674
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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